5.08.010 Declaration of PolicyIt is found and declared that in order to protect the health, safety and welfare of the inhabitants of Douglas County, it is necessary to license and control those persons or businesses that are engaged in the making of, distribution or sale of intoxicating liquors. (Ord. 1365, 2012)

5.08.020 DefinitionsWhenever used in this chapter, unless the context otherwise requires or specifies, the definitions set forth in this section shall apply:
A. "Alcohol " means ethyl alcohol, hydrated oxide of ethyl, spirit of wine, or any product of distillation of fermented liquor, rectified either once or more often, from whatever source or by whatever process produced, and includes synthetic ethyl alcohol.
B. "Intoxicating Liquor” includes but is not limited to beer, wine, gin, whiskey, vodka, tequila, cordials, ethyl alcohol or rum and every liquid containing one-half of one percent or more of alcohol by volume and which is used for beverage purposes. For the purposes of this Chapter, the use of the term “liquor” means intoxicating liquor or an alcohol based beverage.C. “Bar” is a physical structure with a flat horizontal counter, on one side of which alcoholic liquors are kept and maintained, where seats may be placed for patrons to sit and where the sale and service of alcoholic beverages are by the drink across such structure. An unrestricted liquor licenses permits the operation of a bar on the licensed premises as well as portable bars. All bars count toward the total number of bars for quarterly fee purposes. A bar does not include pass-thru windows or guest room mini-bars.D. “Board” means the Liquor Board of Douglas County which is comprised of the Board of County Commissioners and the Sheriff or his designee E. "Caterer” means a purveyor of food or provisions for special occasions, parties or social gatherings where food is provided for consumption on premises or locations not associated with an on-site liquor license. Alcoholic beverages are prohibited from being dispensed from mobile snack wagons under a caterer’s license. F. "Convicted" means a finding of guilt resulting from a plea of guilty, a decision of a court or magistrate, or a verdict of a jury regardless of the pronouncement of judgment or the suspension thereof.G. An “Event” as used in this chapter, shall be charged as one occurrence provided it does not last more than seven contiguous days. Any break in contiguous days shall be considered as a different event.H. “Intoxicating Liquor Maker” refers to a person or business that makes intoxicating liquor for resale only.I. "Licensee" means any person, association, firm, partnership, corporation or other entity to whom a valid liquor sale license has been issued pursuant to this chapterJ. “Live Entertainment” means the presentation of amplified live music or theme shows. This term does not cover any business that falls within the definition of an adult characterized business as covered in Douglas County Code Chapter 5.36. Anyone wishing to offer live entertainment that is held outside the confines of a building must apply for a Special Events Liquor License under Section 5.08.030(F). K. “Key Employee” means an officer, employee or manager of a liquor license holder having the power to exercise significant oversight over the operation of a liquor license. If the licensee is not involved with the daily operation of the business, they must name at least one key employeeL. “Material Misrepresentation” includes but is not limited to failing to disclose prior criminal history; failing to disclose partners or others who are financially involved in the operation of the business or failure to disclose facts relevant to the application. M. “Non Profit” " means an organization of persons engaged in conducting and maintaining a bona fide fraternal, civic, social, recreational, or other such organization or a political subdivision or entity of the state of Nevada, which is not engaged in the sale of alcoholic beverages solely for pecuniary gain or commercial profit. N. “On Site” means the retail sale of intoxicating liquors for consumption on the premises. "Premises" mean any and all places associated or connected with and accessible to the licensed business.O. “Packaged” means the sale of any intoxicating liquor in its original packaging for consumption off premises.
P. "Person" means any natural person firm, association, partnership, corporation or other entity.
Q. "Retailer" means any person who sells at retail any alcoholic beverage.
R. "Sale" means the selling, exchanging, transferring and giving-away of intoxicating liquor in any manner or by any means whatsoever. S. “Special Events” means an event of up to seven consecutive days that is not scheduled to occur more than five times per month and in any case no more than twelve times per year with an expected attendance of 50 or more people but less than 500 people, or any event irrespective of expected attendance that includes live entertainment.
T. "Wholesaler" means any person or business licensed to sell liquor as it is originally packaged to retail stores or to another licensed wholesaler but not to the consumer or general public. Wholesaler also includes distributors who sell liquor in its original packing to retailers and others.U. "Wine" means any alcoholic liquor obtained by the fermentation of natural sugar contents of fruits or other agricultural products containing sugar, including fortified wines such as port, sherry and champagne.V. “Unrestricted” means a liquor license that allows the holder to sell any type of liquor. (Ord. 1479, 2016; Ord. 1365, 2012)

5.08.030 Classes of Liquor LicensesThe following licenses may be issued to qualified applicants:A. Intoxicating Liquor Producer License. This license allows for the production of wine, beer or any other intoxicating liquor for sale to a wholesaler or retailer. This license also allows for sale of the beverage in a tasting room or restaurant associated with the producer.B. Wholesale Liquor License. This license allows the holder of the license to import and distribute liquor as it is originally packaged for retail to another licensed wholesaler or retailer. C. Packaged Retail Liquor License. This license allows for the retail sale of liquor at a commercial establishment. The liquor cannot be consumed on the premises unless it is as a wine or beer tasting with no more than ten per year.D. On-Site Retail Liquor License. There are three categories of on-site licenses, and each site may have a restaurant or multiple restaurants:(1) A Beer and Wine Liquor License.
(2) An Unrestricted License(3) An Unrestricted License with more than three bars on the premises or adjacent premises.(4) A Fraternal, Civic or Nonprofit Organization Liquor License. There are two categories: beer and wine only or unrestricted.E. Caterer’s Liquor License. This license allows for the sale or providing of intoxicating beverages in association with catering a special event. There are two classes of caterers’ liquor licenses: beer and wine only or unrestricted.F. Special Events Liquor License: Profit or Fraternal, Civic or Nonprofit Organization.This license allows for the sale or providing of intoxicating beverages in association with a special event, which may include live entertainment subject to approval by the community development department, health department, fire department, and sheriff. Included in this is a special event that will be held outside the premises covered by a liquor license holder.(1) This license may be obtained by a person, business, organization or other such entity at least seven working days before the event.(2) No more than twelve special event liquor licenses per year may be obtained by a person, business organization or other entity or a person associated with them. All twelve licenses may be obtained at one time if the dates for the special events are known. There can be no refund for events that are cancelled. To change a previously scheduled date, a new fee must be paid.(3) The twelve special event liquor licenses per year limit does not apply to a licensee holding an unrestricted license with three or more bars.(4) The sheriff may issue special event liquor licenses without Board approval, subject to all conditions deemed appropriate by the sheriff. The sheriff may refuse or revoke any special event liquor license at any time if the sheriff determines that continued operation of the event unreasonably disturbs the peace and quiet of any person or persons or neighborhood. The licenses required under Section 5.08 shall be in addition to any other licenses required of any person or business by Douglas County, the State of Nevada or any other government entity. (Ord. 1479, 2016; Ord. 1365, 2012)

5.08.040 Live Entertainment EndorsementAll live entertainment endorsements must be approved by the Board.A. Any person or entity holding a liquor license may present live entertainment within the confines of a building associated with a liquor license at any time upon completing a supplemental application and paying the applicable live entertainment endorsement fee as set by the Board. The application must be reviewed by the community development department, health department and fire department before submission to the Board.
B. Any person or entity holding a liquor license who wants to offer live entertainment that is held outside the confines of a building associated with a liquor license must apply for a Special Events Liquor License under Section 5.08.030(F), and is subject to all applicable conditions and limitations of the license.
C. Pursuant to the provisions set forth in 5.08.100, any live entertainment endorsement may be suspended, revoked or otherwise conditioned by the Board if it appears that the live entertainment unreasonably disturbs the peace and quiet of any person or persons or neighborhood. The sheriff, pursuant to the provisions of 5.08.110, may temporarily suspend a live entertainment endorsement.
(Ord. 1479, 2016; Ord. 1365, 2012)

5.08.050 Application for a Liquor License A. Every application for a liquor license shall be filed with the Sheriff on a form approved by the Board. The application must be reviewed and approved by the community development department, the fire department and any other governmental entity that regulates businesses in the County. The application must be completed in its’ entirety before submission and made under the penalty of perjury. The Board shall, by resolution, set the fees to be charged for a license application. The application fees are non-refundable and are in addition to fingerprint fees and any quarterly license fees. No fees may be waivedB. The application must include the name and address of the applicant(s) including the names and address of all persons having an interest of fifteen percent or more in the business to be licensed.C. If the applicant is a corporation, association or other such legal entity, the application shall be made in the name of the general manager or equivalent position who will be actively engaged in the management of the business for which the liquor license is being sought. The application must also list the names and address of all officers, directors or stockholders holding more than fifteen percent (15%) of issued stock. The application must be verified by its president or chief executive officer seeking the license. If the applicant will not be involved in the daily oversight of the liquor sales, then the applicant must list a minimum of one key employee who must be submit a supplemental application.D. The sheriff shall fingerprint the applicant(s) and submit those prints for evaluation. The applicant is responsible for any fees associated with the fingerprinting or analysis.E. The sheriff shall not accept an application that is not complete. An application that is pending a certificate of occupancy or pending sale shall be deemed a complete application. Upon receipt of a completed application, the sheriff shall investigate the proposed place of business, the background of the person(s) who will be licensed any other any factors which will give the Board the necessary information to consider the application. The sheriff has 60 days from submission of a completed application to evaluate it and bring it before the Board for a hearing. The sheriff shall prepare a summary of whether the applicant meets the criteria for being granted a liquor license but shall not make a recommendation. If additional time is requested, a written notice shall be brought before the Board for consideration.F. The applicant may sign a waiver of personal notice that is required by Chapter 241 of the Nevada Revised Statutes, but shall be present at the hearing. G. The applications are considered public records and are not deemed confidential. (Ord. 1365, 2012)

5.08.060 Consideration of Liquor License Application A. Once a completed liquor license application has been submitted to the sheriff’s office and they have concluded their investigation, the application shall be brought before a regular or special meeting of the Liquor Board for consideration. Prior to the meeting, the sheriff shall publish a notice for two successive weeks in the Record Courier or Tahoe Tribune newspapers, that the application will be considered at the next regular or special meeting of the liquor board. B. A majority of the members of the liquor board shall constitute a quorum. A majority vote of the members present shall be necessary to authorize the issuance of any license. The application may be placed on the consent calendar of the Board unless the report from the sheriff’s office states that the applicant does not meet the standards for being granted a liquor license or the matter is pulled off the consent calendar by a member of the Board, the sheriff, the district attorney, the applicant or a member of the public who is in attendance at the meeting. C. At the time the item is heard, the applicant may appear, present and question witnesses and sheriff’s office representatives. The applicant may have counsel.D. The Board shall receive all relevant evidence concerning the application, including but not limited to prior criminal history, prior and current tax issues, previous or past liquor or gaming licenses and any untruthfulness or material misstatements. The Board shall make their decision to deny or grant the application based on a preponderance of the evidence.E. If the application is denied, the Chairman of the Board shall sign a written notice of findings prepared by the district attorney within ten working days of the hearing. The written notice is considered a final decision for the purposes of judicial review. Upon denial of an application by the liquor board, a request for reconsideration may not be resubmitted for one year unless, at the time of the denial, a majority of the board agrees to a lesser time restriction. All fees required by this Chapter shall be resubmitted if there is a request for reconsideration. F. If the application is approved by the Board, the applicant shall, before making any liquor sales and within two working days of the license being granted, pay the full quarterly fee associated with the license. If the structure that will be the premises for the liquor license has not yet been completed, the Board may issue the license subject to a certificate of occupancy being issued within 120 days.G. In approving an application, the Board has the authority to impose conditions on the license which includes but is not limited to issuing a limited license or imposing other restrictions and conditions as the Board deems necessary. (Ord. 1365, 2012

A. Liquor license fees shall be paid quarterly. Quarterly fees are due no later than the fifth day of the first month of the new quarter. Any fees paid after the fifth day must also pay a late fee in an amount to be set by the Board. B. It shall be grounds for the immediate suspension of the liquor license if the full fees are not paid within 25 days of the due date. The Sheriff is authorized to immediately suspend the license, and set the matter for a revocation hearing before the next Board meeting.C. Past due license fees shall be deemed a debt owed to the County and shall be grounds for the issuance of a lien or any other action necessary to recover the fees. (Ord. 1365, 2012)

5.08.080 License RestrictionsAll liquor license holders must adhere to and follow the Douglas County Code, the Nevada Revised Statutes and any applicable Federal regulations.A. A golf course that has obtained a liquor license is entitled to provide mobile beverage cart service only within the boundaries of the golf course. Mobile beverage cart shall be deemed as one separate bar regardless of the number of carts. B. Any person or entity holding a liquor license may temporarily suspend the license for up to two quarters per calendar year without penalty and without full payment for those quarters. The suspended rate shall be set by the Board. C. Any liquor license that is inactive for more than two quarters per calendar year shall be deemed terminated and the holder(s) must reapply if they wish to be considered for another liquor license.D. No license granted under the provisions of this chapter may be transferred by the licensee to any other person except as provided in section 5.08.090. If the licensee ceases to operate the licensed business, or if the license is revoked, there shall be no refund of any fees.E. All liquor licenses must be posted in a conspicuous location that is accessible by members of the public. All liquor license holders must open their premises for inspection, upon demand, to any on-duty member of the sheriff’s office, fire department or other county or state entity. F. The liquor board may issue a special events liquor license in any county-owned park, recreational facility or other county property upon approval of the Parks Department.G. A licensee holding an On-Site Retail Liquor License, other than a Fraternal, Civic or Nonprofit Organization, may sell and dispense draught beers and ales into glass or ceramic containers for consumption off premises. The containers must be 64 fluid ounces and have a tightly fitted cap that is sealed as so to identify if the cap has been opened. This provision does not include keg sales. (Ord. 1365, 2012)

5.08.090 Transfer of Name on Liquor License or Sale of Business A. Any business, corporation or other such entity may, within ten working days, transfer the name on the liquor license if the current holder is no longer associated with the business. The new person to hold the license must complete an application, be fingerprinted and pay all applicable fees before submission to the Board for consideration. The business may continue to sell liquor pending approval by the Board unless the sheriff’s office determines that the proposed licensee has a significant criminal record. If the sheriff makes such a finding, then the sheriff may immediately suspend liquor sales at the location until a suitable licensee candidate has applied. In no event, may a business operate without an approved licensee for more than 60 days.B. If the premises for which a liquor license has been issued are sold or leased, the new owner or lessee has five working days, from the date the sale or lease became effective, to submit a completed application for a liquor license to the sheriff’s office. If the sheriff’s office determines, prior to submitting the application to the Board for review, that the proposed licensee has a significant criminal record, then the sheriff has the absolute authority to stop liquor sales at that location pending review of the application by the Board.C. Change of location. A new liquor license is required for a change of location for the liquor license holder. (Ord. 1365, 2012)

5.08.100 Prohibited ActivitiesA. The following activities are prohibited: 1. Furnishing or selling liquor to a person under the age of 21. 2. Furnishing or selling liquor without the proper liquor license. 3. Failure to pay the quarterly liquor license fee when due. 4. Employing a person under the age of 21 years to distribute or sell liquor for consumption on or off the premises. 5. Any violation of this Chapter, state or federal law or of the terms and conditions of a license or of any condition imposed by the Liquor Board. 6. Making an untruthful statement or making a material misrepresentation in applying for a liquor license or in any oral or written statement to the sheriff or Board in connection with the license. 7. Failure to pay county, state or federal taxes or other fees. (Ord. 1365, 2012)

5.08.110 Suspension or Revocation of Liquor LicenseThe Board reserves the right to suspend, revoke or place conditions, including civil penalties of up to $2500.00 on any liquor license it has granted based on finding of a violation of this Chapter by the licensee.A. The Board shall, upon the written request of the sheriff or district attorney, shall hear within twenty working days, the alleged violation.B. The sheriff’s office shall personally serve the license holder with written notice of the hearing in accord with Nevada Revised Statutes Chapter 241, Open Meeting Law. If the licensee cannot be located or is avoiding service, it shall suffice that a registered letter be sent to the address of the license holder at least 15 days before the date of the hearing. Service shall be deemed complete upon the date of mailing.C. The sheriff’s office shall investigate the alleged violation and shall create a report for the Board detailing the investigation. The investigation shall state whether the allegations are sustained but shall not make a recommendation as to the appropriate penalty.D. At the hearing, the standard for sustaining a violation shall be a preponderance of the evidence. The Board shall have a sheriff’s office representative report their findings. The district attorney or his representative shall have the opportunity to question the sheriff’s office followed by the licensee or their counsel. E. The district attorney’s office shall then have the opportunity to present additional witnesses which can be questioned by the licensee or his counsel. When there are no more witnesses on behalf of the district attorney’s office, then the licensee or his counsel may make statements or present witnesses. Those witnesses may be examined by the district attorney’s office.F. Upon conclusion of the witnesses, public comment shall be allowed. Then the district attorney and the licensee or his counsel may make a four minute closing summation. The Board may then question the district attorney or the licensee or their counsel.G. Once the evidence has been closed, the Board will deliberate in open and make a decision. The Board may consider, in their deliberations, the seriousness of the offense, the history of the licensee, and any other relevant factors. The Board will make an oral finding which must be supported by a majority of the Board members present.H. The licensee must immediately comply with the findings of the Board including the payment of any fine within five working days of the decision. I. The district attorney shall prepare a written notice of findings to be signed by the Chairman within five working days of the hearing. The notice will be filed with the county clerk and will be attached the minutes from the hearing. The written notice is considered a final decision for the purposes of judicial review.J. If a liquor license is revoked under the provisions of this chapter, that person cannot reapply for a liquor license for three years from the date of the hearing on the revocation. (Ord. 1365, 2012)

5.08.120 Emergency SuspensionNotwithstanding any of the provisions of this chapter, the licensee accepts their license, subject to emergency suspension by the sheriff, without notice, following a determination by the sheriff that continued operation of the licensed premises constitutes a clear and immediate threat to the safety and peace of the residents of Douglas County. The suspension shall remain in effect for a maximum of thirty days or until the next regular scheduled meeting of the liquor board provided that notice can be given in accord with 5.08.100(B). (Ord. 1365, 2012)

5.08.130 Criminal PenaltiesIn addition to any action taken against a liquor license by the Board, the licensee is also subject to criminal prosecution for a misdemeanor for violating the provisions of this Chapter. There shall be no criminal prosecution for failure to pay the quarterly fees. (Ord. 1365, 2012)